21/05/2026
The UK Minister for Equalities has laid the EHRC’s Code of Practice for Services, Public Functions and Associations before UK Parliament. You can find it here: https://www.gov.uk/government/publications/equality-act-2010-draft-code-of-practice-for-services-public-functions-and-associations-2026
This means that she has approved the Code, and it is now available to MPs and the public. There’s no guarantee that MPs will get to debate or vote on the Code, and after 40 days an order from the Secretary of State can make it statutory guidance. It is now very unlikely that the Code can or will be changed before it is brought into effect. You can read her statement here: https://commonsbusiness.parliament.uk/Document/105423/Pdf?subType=Standard
The Code is a very important document for how services, public bodies and associations make decisions around how they include trans people, and this new version has been updated in light of last year’s Supreme Court decision on the meaning of “sex” in the Equality Act.
We know many of you will be very nervous about what the Code says, and we’re doing our best to read through it thoroughly and thoughtfully, but the document is over 300 pages long. We’re working as quickly as we can, and will provide you with our thoughts as soon as we’re able to.
As this document is so long, and has likely changed compared to the version the EHRC consulted on 10 months ago, we would advise you to be cautious of any commentators or media outlets that seem to have all the answers about what the Code means for trans people already. It will take some time for organisations to scrutinise the Code in full, and even longer to see how services, public bodies and associations put its advice into practice.
In the meantime, if you’d like to find our more about how we are approaching our analysis of the Code and its suitability for trans people, check out our website: https://www.scottishtrans.org/supreme-court-ruling-on-sex-in-the-equality-act/three-tests/
Please take time to look after yourself if you need to over the coming days, and check in with your trans and non-binary loved ones too.
If you need to speak to someone about how this is affecting you, support is available from:
LGBT Health and Wellbeing (https://www.lgbthealth.org.uk/services-support/lgbt-helpline-scotland/) Helpline 0800 464 7000, email [email protected], webchat, available Tuesdays, Wednesdays, Thursdays (12-9pm) Sundays (1-6pm)
LGBT Youth Scotland (https://lgbtyouth.org.uk/get-support/) live chat Mon 4-6pm, Wed/Thurs 4-8pm
Breathing Space (https://www.breathingspace.scot/how-we-can-help/need-to-talk/) Helpline 0800 83 85 87, available Mon-Thurs 6pm-2am Fri-Mon 6pm-6am
